Scribd
Upload
95 views

Expropriation Process

The document outlines the process and procedures for expropriation of private property for government infrastructure projects in the Philippines. It discusses (1) the expropriation process from preparation of documents, review by DPWH and OSG, filing of complaints and issuance of writ of possession; (2) Republic Act 10752 which facilitates property acquisition through various modes including expropriation; and (3) OCA Circular 12-2021 which establishes special expropriation courts to expedite cases involving public roads projects.

Uploaded by

JENSEN CASTRONUEVO
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
95 views

Expropriation Process

The document outlines the process and procedures for expropriation of private property for government infrastructure projects in the Philippines. It discusses (1) the expropriation process from preparation of documents, review by DPWH and OSG, filing of complaints and issuance of writ of possession; (2) Republic Act 10752 which facilitates property acquisition through various modes including expropriation; and (3) OCA Circular 12-2021 which establishes special expropriation courts to expedite cases involving public roads projects.

Uploaded by

JENSEN CASTRONUEVO
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 20

EXPROPRIATION

1
PROCESS
• FOR PREPARATION
• FOR ENDORSEMENT
• FOR PREPARATION OF AMENDMENT
• FOR REVIEW OF DPWH (FOR ENDORSEMENT/ RE-ENDORSEMENT TO OSG)
• FOR REVIEW
• FOR REVIEW AMENDMENT
• AWAITING COMPLAINT (ENDORSED TO OSG)
• AWAITING COMPLAINT
• AWAITING AMENDMENT COMPLAINT
• FILED
• On-going hearing
• AWAITING WRIT OF POSSESSION (AWOP)
• *Issues: Check
• WOP
• Unimplemented
• Implemented
ENDORSEMENT
• FOR PREPARATION – Indexes
• 3 FOLDERS: OSG,DPWH,FIELD
• FOR REVIEW AT SITE OFFICE
• FOR REVIEW AT CENTRAL
• TRANSMIT TO OSG DOCKET
• AWAITING COMPLAINT/AMENDMENT COMPLAINT
(Raffling of Case to OSG Division/ASG/ Handling Lawyer)
• FILED – Case No.
(Raffling of the Case to RTC Branch)
• AWOP
• WOP
• REPUBLIC ACT NO. 10752 “An Act Facilitating the
Acquisition of Right of Way Site or Location for National
Government Infrastructure Projects”
• OCA Circular No. 12-2021 “Guidelines for the Special
Expropriation Courts for Public Roads”
COURT PROCEDURE
• FILING OF COMPLAINT TO OCC
• JUDICIAL AFFIDAVIT (JA)
• VERIFICATION
• RAFFLING OF CASE TO RTC BRANCH (OCC)
• CALAX RTC BRANCHES:
• DASMA – Branch 90
• IMUS – Branch 20 and 22
• TRECE – Branch 130, 131, 23
• TAGAYTAY – Branch 133, 134, 18
• SUMMON ISSUED BY THE COURT
• SERVICE OF SUMMON
• ANSWER OF DEFENDANT (30 days upon received)
• COURT HEARING
• STATUS HEARING
• Intervention
• Service of Summon
• CLARIFICATORY HEARING
• Issues and Concern
• BOARD OF COMMISSIONER/ COMMISSIONER’S REPORT
• JUST COMPENSATION
• FINAL JUDGMENT
SITE
• 1. WRIT OF POSSESSION – issued
by the court
POSSESSION
• Complaint with Urgent Motion for the
Issuance of WOP
• Manifestation and Motion for the
issuance of WOP

• PROCEDURE:
• Court Order (Writ of Possession)
• Sheriff Service of the Writ to the
Defendant
• Sheriffs Return/ Report
• Turn-over Receipt
 2. PERMIT TO ENTER (PTE) – issued by the
claimant, outside court intervention
 A signed agreement between the plaintiff and the
defendant that the plaintiff may enter the property.
It can be conditional or unconditional.

• 3. POSTING – unknown owner/ owner


and/or representative cannot be located
• After 30 days from date of Posting, in case
no reply from claimant, to request for IC
Certification before it can be considered as
site possession.
REPUBLIC ACT NO. 10752

• “AN ACT FACILITATING THE ACQUISITION OF RIGHT-OF-


WAY SITE OR LOCATION FOR NATIONAL GOVERNMENT
INFRASTRUCTURE PROJECTS”

• MODES OF ACQUIRING REAL PROPERTY (Section 4)


• -DONATION (Deed of Donation)
• -NEGOTIATED SALE (Deed of Absolute Sale)
• -EXPROPRIATION
• -OTHER MODES OF ACQUISITION AS PROVIDED BY LAW
• RULES ON NEGOTIATED SALE (Section 5)
• Compensation Price: as determined by government appraiser or by
independent property appraiser accredited by BSP or by a
professional association of appraisers recognized by BSP
• -Current market value of the land
• -Replacement Cost of structure and improvements therein
• -Current Market Value of crops and trees therein
• The property owner is given thirty (30) days to decide whether or
not to accept the offer (Letter Offer) as payment for his property.

• Section 6 - Expropriation shall apply when:


• 1. REFUSAL OR FAILURE OF PROPERTY OWNER TO ACCEPT SUCH
OFFER
• 2. REFUSES TO SUBMIT THE DOCUMENTS NECESSARY FOR PAYMENT
• TAXES AND FEES THROUGH NEGOTIATED SALE:
• The implementing agency will pay for the ff:
• 1. CAPITAL GAINS TAX (CGT)
• 2. DOCUMENTARY STAMP (DST)
• 3. TRANSFER TAX
• 4. REGISTRATION FEES

• The owner shall pay for:


• -ANY UNPAID REAL PROPERTY TAX (RPT)

• *If requested by the property owner, implementing agency shall


remit to Local Government Unit (LGU) any unpaid real property
tax, subject to the deduction to the total NEGOTIATED PRICE.
Provided that the unpaid RPT is not more than the negotiated
price.
• DEED OF ABSOLUTE SALE (DOAS)
• Execution of this document subject to submission of the
property owner to the implementing agency the ff.:
• TRANSFER CERTIFICATE OF TITLE (TCT)
• TAX DECLARATION (TD)
• REAL PROPERTY TAX CERTIFICATE (RPT)
• OTHER DOCUMENTS NECESSARY (VALID IDS)

• * The implementing agency shall cause the annotation of the


deed of absolute sale on the TCT
NEGOTIATED
SALE
• Upon execution of DOAS, payment
to the owner:
• 50% of negotiated price of the land
exclusive of taxes
• 70% of negotiated price of the
structure, improvements, crops and
trees, exclusive of taxes
• Payment of the balance provided
the land is already cleared of
structures, improvements, crops
and trees.
• 50% for the land
• 30% for the structures,
improvements, crops and trees
SECTION 6. GUIDELINES FOR EXPROPRIATION
PROCEEDINGS
• Whenever it is necessary to acquire real property for the right-of-way site or
location for any national government through expropriation, the appropriate
implementing agency, through the Office of the Solicitor General (OSG), the
Office of the Government Corporate Counsel, or their deputize government
or private legal counsel, shall immediately initiate the expropriation
proceedings before the proper court.

• Instances where Expropriation applies:


• Owner cannot be found, if unknown or deceased in cases where the estate
has not been settled, after exerting due diligence, or there are conflicting
claims over the ownership of the property and improvements and
structures.

• Deposit:
• -100% of the value of the land based on the current relevant zonal
valuation of BIR issued not more than 3 years prior to the filing of the
expropriation complaint
• -100% of the replacement cost at current market value of the
improvements and structures
• -100% of the current market value of crops and trees located within
the property
Writ of Possession
• Upon compliance with the guidelines, the court shall
immediately issue an order to take possession of the
property and start the implementation of the project.
• Manifestation and Motion for the Issuance of the Writ of
Possession
• If within seven (7) working days after the deposit to the court
and the court has not issued the Writ of Possession, the
counsel of the plaintiff (OSG lawyer) shall immediately seek
from the court the issuance of the Writ.
• The court shall issue the Writ of Possession ex parte; no
hearing shall be required.
• Upon receipt of the Writ of Possession issued by the court,
the implementing agency may take possession of the
property and start the implementation of the project.
• Determination of Just Compensation
• In the event that the owner of the property contests the
implementing agency’s proffered value, the court shall determine
the just compensation to be paid to the owner within sixty (60)
days from the date of filing of the expropriation case.
• When the decision of the court becomes final and executory, the
implementing agency shall pay the owner the difference between
the amount already paid and the just compensation as
determined by the court.

• TAXES AND FEES


• The implementing agency shall pay the documentary stamp tax
(DST), transfer tax and registration fees while the owner shall pay
the capital gains tax (CGT) and any unpaid real property tax (RPT).
• ECOLOGICAL AND ENVIRONMENTAL CONCERNS
(ECC) (Section 8)
• RELOCATION OF INFORMAL SETTLERS (Section 9)
• These agencies shall establish and develop resettlement
sires for informal settlers, including the provision of
adequate basic services and community facilities, in
anticipation of informal settlers that have to be removes
from the right-of-way site or location of future
infrastructure projects pursuant to RA 7279.
•-Housing and Urban Development Coordinating Council
(HUDCC)
•-National Housing Authority (NHA)
•-Local Government Unit (LGU) - shall administer the
resettlement sites

•WRIT OF DEMOLITION – In case the expropriated land is


occupied by informal settlers who refuse or are unable to
demolish their structure and other improvements therein
despite the writ of possession issued by the court under
Section 6, the court shall issue the necessary Writ of
Demolition for the purpose of dismantling any and all
structures found within the subject property.
OFFICE OF THE COURT ADMINISTRATOR
OCA CIRCULAR NO. 12- 2021

• “Guidelines for the Special Expropriation Courts for


Public Roads”
• -August 11, 2020 Memorandum Circular No. 08-2020 designated “special courts to specifically
hear, try and decide expropriation cases involving national government infrastructure projects”
• SPECIAL EXPROPRIATION COURTS FOR PUBLIC ROADS
• 11 RTCs in the cities of:
• IMUS
• TRECE MARTIRES
• DASMARINAS
• TAGAYTAY
• CALOOCAN
• MANILA
• Newly-filed expropriation cases shall be raffled or assigned to the
duly designated Special Expropriation Courts for Public Roads in
their respective territorial jurisdictions.
• Executive Judges of RTC shall raffle the cases where there are at
least two (2) special expropriation courts, or assign the
expropriation cases where there is only one (1) special
expropriation court.
• RTCs with pending expropriation cases, shall devote at least one
(1) day a week to hear expropriation court.
• Motion for Postponement shall not be allowed except if it is
based on:
• -Acts of God
• -force majeure
• -physical inability of the witness to appear and testify
• 2019 Proposed Amendment to the
1997 Rules of Court
• Trial shall be Terminated
• -180 days from the initial presentation of
evidence
• Rendition of Judgment
• -90 days from submission for decision unless
otherwise provided by law or the court
• Sole issue: Determination of Just
Compensation
• -60 days from the date of filing of the
expropriation case, the court shall
determine the just compensation
• WRIT OF POSSESSION
• - Upon deposit of the amount, the court
shall forthwith issue the WOP within seven
(7) days from the deposit pursuant to Sec. 6
of Right-of-Way Act.
THANK YOU.

You might also like